Amerihost Development, Inc. v. Bromanco, Inc.
| Docket Number: | 1998-CT-00762-SCT Linked Case(s): 1998-CA-00762-COA |
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| Supreme Court: |
Opinion Date: 04-12-2001 Opinion Author: WALLER, JUSTICE Holding: Affirmed |
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| Additional Case Information: |
Judge(s) Concurring: PITTMAN, C.J., BANKS, P.J., SMITH, MILLS, COBB AND EASLEY, JJ. Non Participating Judge(s): DIAZ, J. Dissenting Author : McRAE, P.J. Procedural History: Bench Trial Nature of the Case: Contract |
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| Trial Court: |
Date of Trial Judgment: 04-15-1998 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: The circuit court found that one subcontractor's stop payment notice was sufficient to require Amerihost to withhold all outstanding money due Bromanco until an investigation was made to determine whether there were other unpaid subcontractors. Based on the single stop payment notice, the owner was held liable for all other unpaid claims of subcontractors that existed on the date of the notice, together with attorneys' fees and costs to the subcontractors. The Court of Appeals reversed, finding a statutory stop-payment notice benefits only the subcontractor giving notice. |
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| Note: | THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED. THE JUDGMENT OF THE CIRCUIT COURT IS REVERSED AND THIS CASE IS REMANDED TO THE CIRCUIT COURT OF WARREN COUNTY. | |
| Party Name: | Attorney Name: | |||
| Appellant: | AMERIHOST DEVELOPMENT, INC. |
PHIL B. ABERNETHY
JEFFREY TODD WAYCASTER
RICHARD M. DYE |
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| Appellee: | BROMANCO, INC.; K & K BATHTUB REPAIR; DIAMOND DOOR GROUP, INC.; DEER PARK FENCE & INSULATION CO.; GREY PLUMBING, INC.; S & L CREATIVE CARPET; VICKSBURG PAINT & GLASS COMPANY; PRECISION ROOF SERVICES, INC.; VINZANT CONSTRUCTION; CONTROLLED AIR COMFORT COMPANY; SOUTHERN ELECTRIC SUPPLY COMPANY, INC.; WRIGHT'S PAINTING; BRUCE COPES ELECTRICAL, INC.; METROPOLIS BUILDERS SUPPLY; PARADISE POOLS & SPAS; BARRY LANDSCAPE, INC.; UNITED PIPING, INC.; UPTON PLASTERING; MID-SOUTH LUMBER & SUPPLY, INC.; W. J. RUNYON & SON, INC.; TESA/ENTRY SYSTEMS, INC.; AND GEE & STRICKLAND, INC. | ROBERT R. BAILESS CHARLES L. BALCH, III JAMES L. PENLEY, JR. LUCIUS B. DABNEY, JR. JOHN H. SHOWS ALAN L. BURRELL WREN C. WAY |
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